Contents
Assessment of eligibility : Contents

Reviews and Appeals

A client can apply for a Review of Decision when they have received formal notification of and disagree with a decision, including decisions relating to:

  • the assessment or re-assessment of:
    • their eligibility or continued eligibility for social housing
    • their housing needs
  • the calculation of the rate of Income Related Rent
  • the establishment and recovery of Income Related Rent debt

A client can appeal to the Social Security Appeal Authority where they do not agree with a decision, which was upheld or upheld in part by the Benefits Review Committee under an application for Review of Decision

Exceptions

A client has no right of appeal to the Social Security Appeal Authority (and therefore no right to apply for a Review of Decision) if they disagree with:

  • a decision not to review their housing need

However you will need to ensure that there is a good reason not to undertake a review of their housing needs.

  • any decision made by a housing provider regarding tenancy-related matters, such as:
    • the determination of a market rent rate
    • rent arrears
    • damages debt or
    • whether someone can join into a tenancy agreement

The client has the right to apply for a Review of Decision at any time within 3 months of the original decision being advised. When a client has applied for a hearing outside the 3 month time limit the Benefits Review Committee must decide whether or not to accept the application before it considers the decision under review.

A client has the right to have their decision reviewed once. If they wish to have the same decision reviewed again refer the case to Legal Services.

For more information see:

Legislation

Formal notification is: